Agmt99 S J Amoroso Construction - Laserfiche WebLink

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WHEREAS, subsequent to acceptance and occupancy of the Facility. substantial rainwater leakage occurred from the roof and related appurtenances of the Facility (the "Event." meaning both past. present, and future such leakage), which leakage. unless rectified, will continue; and WHEREAS, the cause of the Event and the respective responsibilities of the parties pertaining thereto is unresolved; and WHEREAS. the parties desire hereby to provide a solution for the Event; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. Recitals. The foregoing recitals are true statements of fact, which are incorporated herein. 2. Reconstruction. The parties acknowledge and agree that, notwithstanding substantial investigation, the exact cause of the Event has not been ascertained. The parties further agree that reconstruction of the Facility's roof drainage system throughout the perimeter of the roof including the installation of flashing, external gutters, and connection thereof to a catch basin (collectively, the "Reconstruction"). provides the best available remedy for the Event. The Reconstruction is more particularly described in letters dated August 12, 1998, from Contractor to Daniel Burton, Facilities Manager, City of Redwood City, and August 7. 1998 (with attachments), from Architect to Gary Hover, Parks, Recreation, and Community Services Department Superintendent, City of Redwood City, respectively, which letters are incorporated herein by reference. The parties further agree that the maximum estimated cost of the Reconstruction, based upon unit prices, is $72,450. Agmt-194 f\sh\sh\RC\Council DES:rg 09/09/98; 02/08/99R; 03/01/99R 2 ..." ,.._....".._..._.~_...